TMA 38

TAMA 38

The Israeli Standard for the durability of the structures against earthquakes type 413, started to be effective in 1975.
According to the estimations, most of the buildings which were built in Israel until 1980 do not answer this standard, only nowadays, the regulations is planning the obligation to build according to the standard type 413.
The cost to strengthen buildings and their adaptation to the standard type 413 is relatively high. The purpose of the plan TAMA 38 is to obtain a construction permit to strengthen the structure without the necessity to prepare a detailed plan, and that way to encourage the owners to strengthen the structures which they possess.
The main incentive for the owners resulting from the program is the allocation of rights to build. In the zones where the value of the lands is brought up TAMA 38 plan, created a wave of initiatives, so that the owners of houses and apartments receive numerous proposals to strengthen the structures within the framework of the main plan.
Since 2008, the projects were realized according to the national Main plan; the number of places considerably increased the number of expressing projects.
Among others, construction projects began in the cities of, Bat Yam, Ashdod, Rishon Lezion, Herzliya, Raanana, Tel Aviv, Ramat Gan and Jerusalem.

Eligibility

The constructed buildings, are Eligible for the additional rights of construction within the framework of the national Main plan, from which the building permit was delivered before January 1st, 1980, and determined by the engineer as not constructed according to the Israeli standard 413.
For the buildings who got a permit that were deposited after this date, if it was determined by the engineer that they were not built in accordance with the current standard 413 in the date of delivery of the license, the national Main plan measures will not authorize any rights for additional construction.
The national main plan is not targeting buildings that had been exempted from the current standard 413 during construction, as well as, one level buildings or several floor buildings, with a surface that goes of up to 400 meter square with no tenant most of the time, such as warehouses. Furthermore, the national Main plan is not eligible for building appointed to be demolished.
Tama 38 also applies to buildings and to buildings that serve other residential uses.
Obtaining constructions permit within the framework of the plan is submitted to the approval of the committee of planning and local construction, this meant to avoid any damage to the appearance of the city or any hurting to the well-being of the local residents.

Modifications to TAMA 38

So far, 3 amendments have been introduced in Tama 38, starting February 2015 the National Council for Planning and Construction instructed to publish the Amendment No.4 to Tama 38.
See as indicated below:
Amendment No.1 from 2007 clarifies Interpretation and comparison to the original plan, particularly on the issue of the relationship between the detailed building plans and plan Tama 38.
Amendment No.2 from 2010, his main issue to enjoy the additional building rights according to the National Master Plan also as part of a project of the demolition and reconstruction of the building.
Amendment No.3 from May 2013, expanded the rights of Tama 38 (2.5 floors instead of one floor which was the original plan), and applied the exemptions lines also on demolition and reconstruction from scratch of the projects, and other changes.
Amendment No.4 in preparation, was given recently by the National Council for Planning and Construction, is designed to encourage and reinforce the use of Tama 38 on public buildings and peripheral areas and to encourage the improvement of protection measures in buildings constructed after 1980 but before 1992, at that time in 1992 where set in the law the obligation of constructing protected areas to buildings.

Building opportunities as part of the National Master Plan Tama 38

Regarding eligible rights for residential building under National Master Plan Tama 38, the Local Planning and Building comity can approve one or more of the following:
• Strengthening the building, with no additional construction.
• Closed and open-sided floor for new apartments construction, or for expanding the area of the apartments in the first floor.
• Building up two floors where you can build new apartments or expand the floor area below, or the construction of an additional wing to construct new floor in the building for the construction of new apartments.
• Establishment of an additional partial floor area of up to half the floor surface underneath. The area can be used to add expansion units or apartment on the floor below.
• Strengthening the building and expansion of existing housing units (25 square meter each apartment) the extension must include a security room (9 and 12 square meters).
For non-residential buildings, the local committee may approve an additional floor or wing matching the actual type in the building.
Tama 38 also provides the rights to demolish the existing building, which requires strengthening under Tama 38 specifications, also permit to rebuild it according to the plans of the building that apply in place and also get new construction permit that can be obtained under the same Tama 38.

natioal master plan tama 38 refere also to the following

* Elevator – the program allows an extra lift, also in construction lines beyond the usual building.* Parking – the program requires a presentation of a solution to car parking, to the entire satisfaction of the local council engineer, for the new apartments and also for ancient one that was not existing. However the local committee may exempt the building from car parking construction, if it’s not possible under the conditions specified in the Tama 38.* The design of the building – in case of additional construction, the design of the additions should match the existing design of the building.* Additional protected areas – Tama 38 allows to add protected area, structured as safe room, apartment protected space or protected space floor.